![]() It raises the issue of confidentiality as the doctor is legally permitted to disclose the information regarding the patient’s health only to the patient, those involved in the treatment of the patient and individuals permitted by the patient. However, those contending the presence of a witness believe that this could unnecessarily complicate the process of obtaining informed consent. The understanding of the witness regarding the procedure planned and the witness’s personal opinion regarding the procedure does not have any bearing on the informed consent. The signature of the witness on an informed consent form only attests that the points mentioned in the form were indeed explained by the doctor to the patient. Then, why even have a witness to an informed consent? The proponents of obtaining the signature of a witness believe that it would reinforce the validity of the consent with someone apart from the patient and doctor to acknowledge the voluntary nature in which the consent was obtained from the patient. In such cases, however, the individual is giving consent on behalf of the patient, and it is not regarded merely as a witness.Ī witness does not hold any autonomy over the patient and hence has no legal right in making decisions regarding the patient’s health. If an individual is unconscious, of unsound mind, or a minor, the consent of a legal guardian or legally acceptable representative is required. ![]() The patient is the sole holder of the autonomy to decide on any procedure over his/her body, provided he/she is of sound mind and legally qualified to possess that autonomy. An informed consent is intended to document the willingness of the patient for a procedure to be performed on his/her own body. It is important to note that the law does not require a witness to an informed consent. While it laid down the guidelines for a valid informed consent and explained the contents to be present in an informed consent, it made no mention of requiring a witness to be present at the time of obtaining such consent. The supreme court of India, even in its landmark judgment on the requirements of informed consent, did not address the role of a witness for the consent. There is scarce literature regarding the requirement and role of a witness for an informed consent before an invasive procedure/surgery. These questions have been largely been unexplored and unanswered. This brings up certain important questions regarding the witness for an informed consent – is it necessary? And if so, who should be a witness? However, the role of a witness for the informed consent is ambiguous. It is required by law that such an informed consent be obtained from every patient undergoing any invasive procedure. ![]() The patient’s signature is required on a written informed consent to document their willingness for the procedure. ![]() The doctor needs to explain all aspects of the procedure to the patient beforehand, including the nature of the procedure, its purpose, alternatives, and possible complications. Informed consent is an exercise to protect the right of the patient to make an informed decision regarding his/her willingness to undergo a procedure.
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